Case 1:13-cv-01559-EGS Document Filed 06/15/15 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
Plaintiff,
INTERNAL REVENUE SERVICE,
Defendant.
Civil Action No. 13-1559-EGS
PLAINTIFF RESPONSE DEFENDANT JUNE 12, 2015 RESPONSE
Plaintiff Judicial Watch, Inc. Judicial Watch counsel, respectfully submits this
response Defendant Response Notice, dated June 12, 2015.
Defendant Internal Revenue Service IRS does not refute its seven-page
Response that the Treasure Inspector General for Tax Administration TIGTA was able
locate the Lois Lerner backup tapes within one day its investigation that the IRS never
requested the backup tapes from its technicians before declaring that the emails were lost forever.
See Pltf. Response Def. Notice (DKT No. 45); See generally IRS Response Notice
(hereinafter IRS Response (DKT No. 46).
IRS has still not disclosed whether TIGTA has produced the IRS all emails
forensically recovered and when the IRS expects produce them Plaintiff response the
FOIA requests submitted more than two years ago.
Rather, affirmed that the Service the process conducting further manual
deduplication the 6,400 forensically-recovered emails supplement the automated
deduplication conducted TIGTA. IRS Response (DKT No. 46). This after TIGTA
had already identified and removed emails that are duplicates the recovered emails those
which the IRS had already produced Congressional Committees. Id. According its
Case 1:13-cv-01559-EGS Document Filed 06/15/15 Page
Response, the IRS does not intend begin producing any the 6,400 emails until after has
completed its review and production the Lerner emails that were not forensically recovered.
Id. 17.
The IRS has statutory duty search for and produce documents responsive
Plaintiff FOIA requests the shortest amount time. U.S.C. 552(a)(6)(A); Order, Jason
Leopold U.S. Department State, Case No. 15-0123-RC (D.D.C. May 27, 2015) (DKT No. 17)
(ordering the State Department start producing Hillary Clinton emails every thirty days, rather
than waiting produce them one time January 2016).
Plaintiff counsel not concerned about receiving duplicate emails this case.
Lois Lerner emails are the heart Plaintiff FOIA requests. Plaintiff has waited more than
two years receive them and the IRS should start producing them now.
Also, the IRS uncited statement that premature for TIGTA publically
disclose the status its investigation greater detail directly contradictory Congressman
Chaffetz statement June 12, 2015 that TIGTA preparing release the conclusion its
investigation about the Lois Lerner emails the next several days. Id. 14; see http://www.
c-span.org/video/?326524-1/newsmakers-representative-jason-chaffetz-rut. The fact that
TIGTA conclusion its investigation expected the next few days indicates (1) that the
investigation complete and (2) the report basically final form.
Judicial Watch respectfully requests that the Court order the IRS start producing
any non-exempt, responsive emails contained within the 6,400 emails immediately and disclose
whether they are all subset the recovered emails from the 1,268 backup tapes.
Further, Judicial Watch respectfully requests that the Court order the IRS file
monthly status reports about its progress the production non-exempt, responsive emails that
Case 1:13-cv-01559-EGS Document Filed 06/15/15 Page
were placed the Congressional database two years ago, the 6,400 recovered emails and any
additional emails that may recovered TIGTA from the 1,268 backup tapes. the Court
deems that status conference this issue would helpful, Plaintiff counsel available June
22, 2015 through July 10, 2015, except the afternoon June 25, 2015 and July 2015.
Dated: June 15, 2015
Respectfully submitted,
/S/ Ramona Cotca
Ramona Cotca, D.C. Bar No. 501159
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
(202) 646-5172
Attorneys for Plaintiff